Tenancy during ownership change
Tenancy during ownership change
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Mr_B

Original Poster:

10,480 posts

274 months

Friday 2nd January 2015
quotequote all
I'm currently renting an apartment which I'd like to stay in for a year or two yet. The girl I rent if from has told me she intends to sell up and given me notice of this that it will end on the 31st of March. She has an estate agent friend of hers who will be selling it for her and has been told that an investor is interested to buy for let.

I'm keen to stay but unsure on how it may work if she does sell and the new owner wants to let it. I don't want to get caught with notice that I may have to leave and the new owner changing his mind etc.
How do I go about protecting myself if she sells and the new owner expresses the wish to continue renting it to me in a seamless way ?
Thanks

jbsportstech

5,069 posts

210 months

Friday 2nd January 2015
quotequote all
Can be sold with you as a sitting tenant and solicitor could transfer the tenancy, I assume its periodic? Unless you have time ot run in a 6 or 12 month assured tenancy? In which case I believe you are entitled to stay.

In reality i would expect they will want to either get you out and get their own tenants as they may want to put the rent up.

Might be worth asking how its being sold as it sounds like the sitting tenant option. Either way you should have two months notice to move out.

Mr_B

Original Poster:

10,480 posts

274 months

Friday 2nd January 2015
quotequote all
The rent period is up and she is giving notice that it will be sold. She has extended it until the 31st of March which I have agreed to. She wants to keep her options flexible and is kinda wanting to be a bit greedy with trying to keep someone in it for a long as possible, rather than it maybe being empty for however long it takes to sell.
I'm keen to stay but there is a chance she will take the first offer whoever that is. If her friend and estate agent is correct and someone wants it for a but to let, I'm wondering how it can work to seamlessly stay. Have no experience, but as you say the new owner may want to start afresh and don't see how unless he agrees some form of pre-renting it as the sale goes through.
Thanks

Wings

5,970 posts

246 months

Friday 2nd January 2015
quotequote all
jbsportstech said:
Can be sold with you as a sitting tenant and solicitor could transfer the tenancy, I assume its periodic? Unless you have time ot run in a 6 or 12 month assured tenancy? In which case I believe you are entitled to stay.

In reality i would expect they will want to either get you out and get their own tenants as they may want to put the rent up.

Might be worth asking how its being sold as it sounds like the sitting tenant option. Either way you should have two months notice to move out.
^^^^^agree, appears from the OP's second post that the original Assured Shorthold Tenancy (hereafter AST) has ended, and the tenancy is now under a Statutory Periodic Tenancy.

As the above poster correctly stated, for any landlord (new or old) to end your tenancy, a landlord would need to serve you with 2 months Notice, the same starting from the anniversary day in the month that your rental payment is due to be paid, usually the same anniversary day in the month that your original AST started.

The type of Notice served is a Section 21 Notice, and that can only presently be served by a landlord, if the landlord HAS protected the Deposit again under a Statutory Periodic Tenancy (hereafter SPT), and that is a common mistake that landlords are not presently doing. I have recently helped a tenant overturn a Court's repossession notice, because the landlord had failed to protect the Deposit under a SPT